Page:Competition Act 2004.pdf/48

48 (5) In the case of a suspected infringement of the section 34 prohibition, sections 69(2)(a) and 85 shall also apply to directions given under this section.

(6) In the case of a suspected infringement of the section 47 prohibition, sections 69(2)(b) and 85 shall also apply to directions given under this section.

(7) In the case of a suspected infringement of the section 54 prohibition, sections 69(2)(c) and 85 shall also apply to directions given under this section.

Decision of Commission upon completion of investigation

68.—(1) Where—
 * (a) after considering the statements made, or documents or articles produced, in the course of an investigation conducted by it under this Part; or
 * (b) in the case of an investigation conducted by an inspector, after considering the report of the inspector,

the Commission proposes to make a decision that the section 34 prohibition, the section 47 prohibition or the section 54 prohibition has been infringed, the Commission shall—
 * (i) give written notice to the person likely to be affected by such decision; and
 * (ii) give such person an opportunity to make representations to the Commission.

(2) Subject to subsections (3) and (5), upon considering any representation made to the Commission under subsection (1)(ii), the Commission may, as it thinks fit, make a decision that the section 34 prohibition, the section 47 prohibition or the section 54 prohibition has been infringed.

(3) Where, in relation to a merger, the Commission proposes to make a decision that the section 54 prohibition has been infringed and the Commission has given written notice to the parties involved in the merger under subsection (1)(i), any party involved in the merger may, within 14 days of the date of the notice, apply to the Minister for the merger to be exempted from the section 54 prohibition on the ground of any public interest consideration.